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(영문) 창원지방법원 진주지원 2018.02.14 2017고단989

배임수재

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for five months.

Defendant

A 40,000,000 won shall be collected from A.

Reasons

Punishment of the crime

1. The Defendant is a person who is working as the president of H University G from May 12, 2014 to the present date and exercises the right to appoint and dismiss the president and teachers of H University established and operated by the said corporation, and is in overall control of the affairs of the said school juristic person.

On December 6, 2016, the Defendant was granted KRW 40 million in cash with the purport of an illegal solicitation to the effect that he/she would be appointed as a full-time faculty member from B from the first floor administrative unit of H University J. 1, a bachelor’s degree of J.I in J., who was located in J.I.D. on December 6, 2016.

2. Defendant B is a person who served as a professor in the sports department of H University from March 1, 2014 to H University.

Defendant granted KRW 40 million in cash to A at the same time and place as above with the intent of an illegal solicitation as above.

Summary of Evidence

1. Defendant A’s legal statement

1. A written protocol concerning the examination of the suspect against the defendant A by the prosecution;

1. Copy of the minutes of the G board of directors;

1. Public announcement of inviting professors of H universities;

1. Statement made by each prosecutor to the prosecution against J, K, L, M, N, andO;

1. The defendants' telephone conversations

1. Details of transactions between L/Defendant B and each account;

1. A copy of a loan certificate, a copy of an employment contract for full-time faculty member, and a copy of an annual salary contract;

1. A copy of the minutes of the third teachers' personnel committee meeting in 2017 and a copy of the minutes of the fourth teachers' personnel committee in 2017;

1. A copy of personnel records card;

1. Application of the statute to include the abstract contents of Defendant B’s mobile communications devices

1. Relevant Article 357 (1) (Punishment of imprisonment) of the Criminal Act and Article 357 (2) (Punishment of imprisonment): Article 357 (2) of the Criminal Act (Punishment of imprisonment);

1. Defendant A: Reasons for conviction against Defendant B under Article 357(3) of the Criminal Act;

1. In the crime of re-violation of trust under Article 357 of the Criminal Code, illegal solicitation refers to an illegal solicitation against social norms and the principle of good faith, and in determining this, the contents of the solicitation and the amount and form of the benefits acquired in relation thereto, and the integrity of transactions that are protected by the Protection Act.